The federal Americans with Disabilities Act (“ADA”) was enacted to protect employment opportunities for disabled employees. The ADA prohibits employers from discriminating against employees based on their disabilities. It also requires employers to make reasonable accommodations for disabled employees so that they perform the essential functions of their jobs (e.g., providing flexible work schedules, making facilities accessible, and job restructuring or reassignment). In California, the Fair Employment and Housing Act (“FEHA”) provides broader protection for more employees than the ADA.
Under the ADA and FEHA disabled employees include individuals with (1) physical disabilities (e.g., HIV/AIDS, hepatitis, epilepsy, seizure disorder, diabetes, multiple sclerosis, and heart disease), (2) mental disabilities (e.g., depression, learning disabilities, mental retardation, post-traumatic stress disorder, obsessive compulsive disorder, and bipolar disorder), and (3) “medical conditions” such as cancer or certain “genetic characteristics.”
Unlike under the ADA, there is no cap on the amount of damages disabled employees may be awarded against their employers in lawsuits under the FEHA.
If you believe that you were fired from your job, laid off, demoted (or not promoted), or suffered a reduction in pay or other adverse employment action based on your disability, please contact the Law Offices of David S. Levy for a free initial consultation. We typically represent victims of marital status discrimination on a contingent fee basis, which means that our clients do not pay attorney fees or costs unless and until there is a recovery.